Code of Conduct for ACTAPS Members

1. A Voluntary Code

Members ("the Members") of the Association of Contentious Trust &
Probate Specialists ("the A.C.T.A.P.S.") will endeavour to act in
accordance with a voluntary Code of Conduct ("the Code"). The
Code is a guide only since Members acknowledge that every
contentious situation they face may be different, and the client's
instructions in any given case may differ. It is however hoped
that by considering the voluntary Code, Members may help clients
to secure a quicker and more cost effective resolution of a
dispute.

2. General

2.1 The Member should at an early stage in any given matter,
inform a new client of the Code's provisions and the fact that he
or she will endeavour to be guided by it.

2.2 Where appropriate the Member will endeavour at an early
stage of the matter to have a without prejudice meeting with his
or her counterpart to explore the possibility of the matter being
resolved without the necessity for formal protracted and
potentially acrimonious Court proceedings.

3. Conduct of Litigation

3.1 Members should where appropriate endeavour to utilise the
full range of solutions and in particular, to consider the use of
Alternative Dispute Resolution.

3.2 Where parties clearly have common interests they should be
encouraged to instruct the same legal team. Members should point
out to clients that the proliferation of legal representation is
not always appropriate or necessary.

4. Costs

4.1 Members should, at an early stage, advise their clients of
the professional costs implication of any dispute ie that costs
escalate rapidly, that Courts will not automatically order that
the costs be paid out of the funds in dispute, and accordingly a
"loser" could end up paying all the various parties costs out of
his/her own pocket.

4.2 Members should be conscious of the need to review the issue
of costs with their clients on a regular basis and endeavour to
discuss the costs position regularly with their counterparts
acting for the other parties involved.

4.3 Similarly, the implications of the need to fund proceedings
should be discussed fully with the client.

4.4 "Calderbank" offers should be considered, where appropriate,
to focus the parties attention on the costs of the dispute in the
context of the sum in dispute.

4.5 Members should, where appropriate, advise clients of the
possibility of referring a dispute to arbitration or other forms
of Alternative Dispute Resolution and in particular, the costs
advantages inherent in adopting that course of action.